JOHNSON, District Judge.
This is an action of assumpsit brought by Elizabeth B. Clum, the beneficiary under a policy of life insurance, issued upon the life of Anson R. Kintner, deceased, by the defendant, the Guardian Life Insurance Company of America.
The plaintiff made out a prima facie case, which the defendant sought to defeat on the ground that the insured had obtained the policy through material, false and fraudulent representations as to his condition...
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